Podcast
Questions and Answers
Under IRPA Section 42, a foreign national can be inadmissible to Canada due to their association with whom?
Under IRPA Section 42, a foreign national can be inadmissible to Canada due to their association with whom?
- A foreign national with a valid work permit.
- A permanent resident who has not met the residency obligation.
- A Canadian citizen convicted of a minor offense.
- An inadmissible person they are accompanying. (correct)
What is the minimum duration a permanent resident must physically stay in Canada within a 5-year period to maintain their status?
What is the minimum duration a permanent resident must physically stay in Canada within a 5-year period to maintain their status?
- 548 days
- 913 days
- 730 days (correct)
- 365 days
Which scenario would allow a permanent resident to meet their residency obligation while working abroad?
Which scenario would allow a permanent resident to meet their residency obligation while working abroad?
- Working as a freelancer for international clients.
- Working for a Canadian company on an international assignment. (correct)
- Working for a non-governmental organization abroad.
- Working remotely for a US-based company.
Who can accompany a Canadian citizen to meet the residency obligation?
Who can accompany a Canadian citizen to meet the residency obligation?
Besides being physically present for 730 days, what is another way for a permanent resident to meet their residency obligation?
Besides being physically present for 730 days, what is another way for a permanent resident to meet their residency obligation?
What is the legal consequence for a permanent resident failing the 730-day residency requirement?
What is the legal consequence for a permanent resident failing the 730-day residency requirement?
Which section of IRPA specifically addresses criminal inadmissibility for foreign nationals (non-permanent residents)?
Which section of IRPA specifically addresses criminal inadmissibility for foreign nationals (non-permanent residents)?
Which section of IRPA handles inadmissibility based on human or international rights violations?
Which section of IRPA handles inadmissibility based on human or international rights violations?
Which section of IRPA specifically addresses misrepresentation in immigration applications?
Which section of IRPA specifically addresses misrepresentation in immigration applications?
A foreign national is inadmissible due to their association with war crimes. Which section of IRPA addresses this?
A foreign national is inadmissible due to their association with war crimes. Which section of IRPA addresses this?
What is a potential consequence of failing to meet residency obligations as a permanent resident?
What is a potential consequence of failing to meet residency obligations as a permanent resident?
Which scenario could lead to inadmissibility under Section 42 of IRPA?
Which scenario could lead to inadmissibility under Section 42 of IRPA?
Which health condition might cause inadmissibility to Canada due to 'excessive demand'?
Which health condition might cause inadmissibility to Canada due to 'excessive demand'?
Which activity is considered misrepresentation under IRPA?
Which activity is considered misrepresentation under IRPA?
Under what grounds might a person be deemed inadmissible under Section 36 if convicted outside Canada?
Under what grounds might a person be deemed inadmissible under Section 36 if convicted outside Canada?
Which situation falls under non-compliance according to IRPA?
Which situation falls under non-compliance according to IRPA?
What are the implications if a foreign national commits an act outside Canada that is considered an indictable offense in Canada?
What are the implications if a foreign national commits an act outside Canada that is considered an indictable offense in Canada?
Who is affected by Section 42, regarding inadmissibility of family members?
Who is affected by Section 42, regarding inadmissibility of family members?
A person has a severe mental health condition that could lead to unpredictable behavior. Under which section of IRPA might this lead to inadmissibility?
A person has a severe mental health condition that could lead to unpredictable behavior. Under which section of IRPA might this lead to inadmissibility?
What is a consequence of misrepresenting facts on an immigration application?
What is a consequence of misrepresenting facts on an immigration application?
Which section of IRPA would apply to someone inadmissible due to untreated tuberculosis?
Which section of IRPA would apply to someone inadmissible due to untreated tuberculosis?
What might be a consequence of overstaying a visitor visa in Canada?
What might be a consequence of overstaying a visitor visa in Canada?
A permanent resident is convicted of an offense in Canada with a maximum sentence of 12 years. Which section of IRPA addresses this?
A permanent resident is convicted of an offense in Canada with a maximum sentence of 12 years. Which section of IRPA addresses this?
Flashcards
Inadmissibility of Family Members
Inadmissibility of Family Members
A foreign national is inadmissible if accompanying an inadmissible person.
Residency Obligation in Canada
Residency Obligation in Canada
Permanent residents must reside in Canada for 730 days in 5 years to maintain status.
Meeting Residency Obligation
Meeting Residency Obligation
Ways to fulfill the residency requirement include physical presence, employment abroad, or accompanying eligible relatives.
Loss of Permanent Resident Status
Loss of Permanent Resident Status
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Section 36(2) of IRPA
Section 36(2) of IRPA
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Difference between Section 36(1) and 36(2)
Difference between Section 36(1) and 36(2)
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Human Rights Violations Inadmissibility
Human Rights Violations Inadmissibility
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Accruing Time Outside Canada
Accruing Time Outside Canada
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Inadmissibility due to Human Rights Violations
Inadmissibility due to Human Rights Violations
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Section 40 - Misrepresentation
Section 40 - Misrepresentation
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Consequences of Misrepresentation
Consequences of Misrepresentation
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Section 41 - Non-Compliance
Section 41 - Non-Compliance
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Health Grounds for Inadmissibility
Health Grounds for Inadmissibility
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Section 36 - Criminal Inadmissibility
Section 36 - Criminal Inadmissibility
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Serious Criminality
Serious Criminality
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General Criminality
General Criminality
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Family Inadmissibility (Section 42)
Family Inadmissibility (Section 42)
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Consequences of Criminal Inadmissibility
Consequences of Criminal Inadmissibility
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False Information Examples
False Information Examples
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Public Health Threats
Public Health Threats
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Excessive Demand on Services
Excessive Demand on Services
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Residing Obligations (Section 28)
Residing Obligations (Section 28)
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Temporary Resident Permit (TRP)
Temporary Resident Permit (TRP)
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Study Notes
Immigration and Refugee Protection Act (IRPA) - Inadmissibility Grounds
- Section 42: Inadmissibility of Accompanying Family Members: A foreign national is inadmissible if they are a family member accompanying an inadmissible person. This applies to spouses, common-law partners, dependent children, and other family members. Inadmissibility stems from the lead applicant's inadmissibility due to security, criminality, misrepresentation, health, or other grounds. This rule only applies to accompanying family members, not those applying separately.
Residency Obligation (Section 28 IRPA)
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Permanent Residency Maintenance: To maintain permanent resident status, a person must be physically present in Canada for at least 730 days (2 years) within a 5-year period.
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Meeting the Obligation: Methods include: being physically present, working abroad for a Canadian entity, or accompanying a spouse/parent who is a Canadian citizen (if the PR is a child), or accompanying a PR spouse or parent who meets the obligation.
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Failure to Meet Obligation: Failure to meet the 730-day requirement risks losing permanent resident status.
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Appeals: An appeal may be possible if the loss of status was due to humanitarian or compassionate reasons
Criminal Inadmissibility (Section 36 IRPA)
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Section 36(1): Permanent Residents & Foreign Nationals: Applies to both permanent residents and foreign nationals for serious criminal offenses.
- Serious Offenses: Convictions in or outside Canada for offenses punishable by at least 10 years imprisonment or sentences of at least 6 months in prison.
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Section 36(2): Foreign Nationals: Applies specifically to foreign nationals who are not permanent residents
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General Criminal Offense: Convictions for Canadian indictable offenses regardless of sentence length.
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Foreign Convictions: Foreign Convictions for crimes that would be considered indictable offenses in Canada.
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Foreign Acts: Acts abroad that qualify as indictable offenses in Canada, if committed.
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Inadmissibility Due to Human Rights Violations (Section 35)
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Human Rights Abuses: Inadmissibility for those involved in war crimes, crimes against humanity (e.g., genocide, torture, forced disappearances), or senior government officials connected to systemic human rights violations.
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Terrorism and Espionage: Those connected to terrorist acts, espionage, or violations of international human rights standards are similarly inadmissible
Misrepresentation (Section 40)
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Consequences of Misrepresentation: Inadmissibility for providing false information (fake documents, false work history), concealing critical information (prior criminal history, visa denials in other countries), or omitting vital information (dependents).
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Penalties: A five-year ban on applying for any Canadian visa or immigration program, removal from Canada (if already residing there), and loss of permanent resident status (if applicable)
Non-Compliance (Section 41)
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Act Violations: Inadmissibility for failing to follow IRPA or its regulations, including visa violations (overstaying, working without authorization), failing to meet residency obligations, and providing incomplete/incorrect information.
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Consequences: Visa refusal, loss of status (permanent resident), and removal from Canada
Health Grounds for Inadmissibility (Section 38)
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Public Health/Safety Risks: Inadmissibility for health conditions posing risks.
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Public Health Dangers: Highly contagious diseases (e.g., untreated tuberculosis), or other infectious diseases.
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Public Safety Concerns: Severe mental health conditions with potential for violence or unpredictability.
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Excessive Demand: Medical conditions requiring extensive treatments or care, potentially creating excessive demands on Canada's healthcare system.
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Exceptions: Refugees and protected persons are exempt from excessive demand-based refusals.
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Description
This quiz focuses on key sections of the Immigration and Refugee Protection Act (IRPA), specifically the inadmissibility grounds for family members and the residency obligations for permanent residents in Canada. Test your understanding of these critical aspects of immigration law.
